Bombay High CourtTP/2111/2024grant issued

Vijay Madhukar Navgire v. Madhukar Shridhar Navgire

2024-09-26Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 26th September 2024.

CALLED FOR COMPLIANCE :

30. TP/2111/2024 [Original] (ECHCBM02039062024) with WILL/869/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Arindam Mahapatra i/b Nainesh Amin, Advocate for the Petitioner.

P.C.:

1. Perused Petition which is filed online. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Vijay Madhukar Navgire, being the Sole Executor named under the Will of the deceased.

Deceased Madhukar Shridhar Navgire, said to have died at Mumbai on 03.08.2010. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Pan Card is annexed to the Petition.

2. Mr. Mahapatra, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 26.10.2005. The said Will is in English language.

3. Mr. Mahapatra, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the deceased pre-deceased are predeceased the deceased. Save and except as mentioned in para - 9, there are no other legal heirs and next of kin left by the deceased. The Ld. Advocate for the Petitioner submits that this application is made bonafide. The delay in filing the present Petition for the Probate of the Will of the deceased, is on account of the fact that Will was kept in a

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) cupboard in another house and was found recently. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of wife and married daughter of the deceased as mentioned in para - 9 are on record. There is Affidavit of service dated 16.07.2024 showing service upon the non-consenting married daughter, Sangita Nitin Gawali alias Sangita Madhukar Navgire, is on record.

Affidavit of Vikram Mohan Kadam, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All the Affidavits are also filed online. All other legal formalities are complied with. Hence, Petition is granted.

5. Office to issue Probate as prayed after verifying whether any Cross Petition or Caveat is filed.

26.09.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master